R v RS [2022] NSWDC 476

R v RS [2022] NSWDC 476

Imposing a sentence of full-time imprisonment is necessary to reflect the objective seriousness of multiple child sex offences, ensure general and specific deterrence, and acknowledge the harm caused and potential for ongoing victimisation, having considered subjective factors including psychiatric diagnoses, remorse, guilty plea discount, and statutory requirements for rehabilitation. An aggregate imprisonment term of four years with a non-parole period of one year and six months is appropriate.

Parties
Prosecutor: Regina; Offender: RS
Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Criminal / Sentence
Outcome
Convicted of each offence. Sentenced to aggregate term of imprisonment.
Legal Topics
Commonwealth Offences, Use Carriage Service to Access Child Abuse Material, Possess Child Abuse Material, Transmit Child Abuse/pornography Material, Aggravated Offence, Sentencing, Forfeiture Orders
Criminal Law Commonwealth Offences Use Carriage Service to Access Child Abuse Material Possess Child Abuse Material Transmit Child Abuse/pornography Material Aggravated Offence Sentencing Forfeiture Orders

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Parties

Regina

Prosecutor

RS

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple Commonwealth child sex offences involving child abuse and child pornography material
  2. 2 Application of general and specific deterrence
  3. 3 Consideration of rehabilitation under s 16A(2AAA) Crimes Act 1914 (Cth)

Ratio Decidendi

Imposing a sentence of full-time imprisonment is necessary to reflect the objective seriousness of multiple child sex offences, ensure general and specific deterrence, and acknowledge the harm caused and potential for ongoing victimisation, having considered subjective factors including psychiatric diagnoses, remorse, guilty plea discount, and statutory requirements for rehabilitation. An aggregate imprisonment term of four years with a non-parole period of one year and six months is appropriate.

Court Disposition

Convicted of each offence. Sentenced to aggregate term of imprisonment.

Orders

  • Indicative sentences: Count 1—2 years 3 months; Count 2—1 year; Count 3—1 year 6 months; Count 4—6 months; Count 5—6 months; Count 6—9 months; Count 7—2 years 6 months
  • Aggregate sentence: 4 years' imprisonment, non-parole period 1 year 6 months, commencement 28 March 2022, eligible for parole 27 September 2023, balance of term to expire 27 March 2026